a system of government in which power is divided between a central (national) government and regional (state) governments

federalism

a complex whole consisting of interdependent parts whose actions are directed toward goals and are influenced by the environment within which they function

system

a mutual transfer of resources: a balance of benefits and deficits that flow from behavior based on decisions about the values and costs of alternatives

exchange

a defendant's plea of guilty to a criminal charge with the reasonable expectation of receiving some consideration from the state for doing so, usually a reduction of the charge. The defendant's ultimate goal is a penalty lighter than the one formally warranted by the charged offense

plea bargain

the authority to make decisions without reference to specific rules or facts, using instead one's own judgement; allows for individualization and informality in the administration of justice

discretion

a screening operation; a process by which criminal justice officials screen out some cases while advancing others to the next level of decision making

filtering process

a system consisting of a separate judicial system for each state in addition to a national system. Each case is tried in a court of the same jurisdiction as that of the law or laws broken

dual court system

the process of determining whether the defendant is guilty

adjudication

the physical taking of a person into custody on the grounds that there is reason to believe that he or she has committed a criminal offense. Police may use only reasonable physical force. The purpose is to hold the accused for a court proceeding

arrest

a court order authorizing police officers to take certain actions, for example, to arrest suspects or to search premises

warrant

a document charging an individual with a specific crime. It is prepared by a prosecuting attorney and presented to a court at a preliminary hearing

information

a document returned by a grand jury as a "true bill" charging a individual with a specific crime on the basis of a determination of probable cause as presented by a prosecuting attorney

indictment

serious crimes usually carrying a penalty of death or of incarceration for more than one year

felonies

offenses less serious and usually punishable by incarceration of no more than a year, probation, or intermediate sanction

misdemeanors

a model of the criminal justice system that assumes freedom is so important that every effort must be made to repress crime; it emphasizes efficiency, speed, finality, and the capacity to apprehend, try, convict, and dispose of a high proportion of offenders

crime control model

a model of the criminal justice system that assumes freedom is so important that every effort must be made to ensure that criminal justice decisions are based on reliable information; it emphasizes the adversarial process, the rights of defendants, and formal decision-making procedures

due process model

a difference between groups that may either be explained by legitimate factors or indicate discrimination

disparity

differential treatment of individuals or groups based on race, ethnicity, gender, sexual orientation, or economic status, instead of on their behavior or qualifications

discrimination

offenses that are wrong by their very nature

mala in se

offenses prohibited by law but not wrong in themselves

mala prohibita

an offense against persons or property, committed primarily by members of the lower class. Often referred to as "street crime" or "ordinary crime," this type of offense is the one most upsetting to the public

visible crime

criminal offenses committed through opportunities created in a legal business or occupation

occupational crimes

a framework for the perpetuation of criminal acts - usually in fields such as gambling, drugs, and prostitution - providing illegal services that are in great demand

organized crime

moving the proceeds of criminal activities through a maze of businesses, banks, and brokerage accounts so as to disguise their opinion

money laundering

offenses involving a willing and private exchange of illegal goods or services that are in strong demand. Participants do not feel they are being harmed, but these crimes are prosecuted on the ground that society as a whole is being injured

crimes without victims

an act, usually done for ideological purposes, that constitutes a threat against the state (such as treason, sedition, or espionage); also describes a criminal act by the state

political crime

offenses that involve the use of one or more computers

cyber crimes

a metaphor that emphasizes the dangerous dimension of crimes that are never reported to the police

dark figure of crime

an annually published statistical summary of crimes reported to the police, based on voluntary reports to the FBI by local, state, and federal law enforcement agencies

Uniform Crime Report (UCR)

a reporting system in which the police describe each offense in a crime incident, together with data describing the offender, victim, and property

National Incident-Based Reporting System (NIBRS)

interviews of samples of the U.S. population conducted by the Bureau of Justice Statistics to determine the number and types of criminal victimizations and thus the extent of unreported as well as reported crime

National Crime Victimization Surveys (NCVS)

a field of criminology that examines the role the victim plays in precipitating a criminal incident and also examines the impact of crimes on victims

victimology

a school of criminology that views behavior as stemming from free will, demands responsibility and accountability of all perpetrators, and stresses the need for punishments severe enough to deter others

classical criminology

a school of criminology that views behavior as stemming from social, biological, and psychological factors. It argues that punishment should be tailored to the individual needs of the offender

positivist criminology

having factors thought to bring about criminal behavior in an individual

criminogenic

explanations of crime that emphasize physiological and neurological factors that may predispose a person to commit crimes

biological explanation

explanations of crime that emphasize mental processes and behavior

psychological explanations

explanations of crime that emphasize as causes of criminal behavior the social conditions that bear on the individual

sociological explanations

theories that blame crime on the existence of a powerless lower class that lives with poverty and deprivation and often turns to crime in response

social structure theories

a breakdown or disappearance of the rules of social behavior

anomie

theories that see criminality as normal behavior. Everyone has the potential to become a criminal, depending on (1) the influences that impel one toward or away from crime and (2) how one is regarded by others

social process theories

theories that see criminal behavior as learned, just as legal behavior is learned

learning theories

the theory that people become criminals because they encounter more influences that view criminal behavior as normal and acceptable than influences that are hostile to criminal behavior

theory of differential association

theories holding that criminal behavior occurs when the bonds that tie an individual to society are broken or weakened

control theories

theories emphasizing that the causes of criminal behavior are not found in the individual but in the social process that labels certain acts a deviant or criminal

labeling theories

theories that assume criminal law and the criminal justice system are primarily a means of controlling the lower classes, women, and minorities

critical criminology

theories that view crime as the result of conflict in society, such as conflict between economic classes caused by elites using law as a means to maintain power